[Federal Register Volume 60, Number 45 (Wednesday, March 8, 1995)]
[Notices]
[Pages 12818-12819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5689]



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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration


Petition for Exemption or Waiver of Compliance

    In accordance with Title 49 CFR Secs. 211.9 and 211.41, notice is 
hereby given that the Federal Railroad Administration (FRA) has 
received requests for exemptions from or waivers of compliance with a 
requirement of its safety standards. The individual petitions are 
described below, including the party seeking relief, the regulatory 
provisions involved, and the nature of the relief being requested.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number RSOP-94-
4) and must be submitted in triplicate to the Docket Clerk, Office of 
Chief Counsel, Federal Railroad Administration, Nassif Building, 400 
Seventh Street, S.W., Washington, D.C. 20590. Communications received 
before April 10, 1995, will be considered by FRA before final action is 
taken. Comments received after that date will be considered as far as 
practicable. All written communications concerning these proceedings 
are available for examination during regular business hours (9 a.m.-5 
p.m.) in Room 8201, Nassif Building, 400 Seventh Street, S.W., 
Washington, D.C. 20590.
    The individual petitions seeking an exemption or waiver of 
compliance are as follows:

American President Lines, Limited and APL Land Transport Services, 
Inc. (APL) (Waiver Petition Docket Number RSOP-94-4)

    The American President Lines, Limited and the APL seek a permanent 
waiver of compliance with certain provisions of the Railroad Operating 
Practices regulation (49 CFR Part 218) for derail and blue signal 
requirements. APL is seeking relief from the requirements of 
Sec. 218.29(c)(1) which states: ``(c) Except as provided in paragraphs 
(a) and (b) of this section, when workers are on, under, or between 
rolling equipment on any track, other than main track: (1) A derail 
capable of restricting access to that portion of the track on which 
such equipment is located, will fulfill the requirements of a manually 
operated switch when positioned no less than 150 feet from the end [of] 
such equipment * * *''
    A new container port facility and rail yard, which will be operated 
by an APL subsidiary, are being designed and built by the Port of Los 
Angeles. The new facility is designed to load and unload intermodal 
trains and is expected to be occupied by the first quarter of 1997. The 
yard will have the capacity to store up to 78 stack train cars with 
each such car being a maximum of 337 feet long. There will be 10 
parallel spur tracks entering the yard from the north-end with a single 
run-around track to the north of the working tracks. The 10 spurs are 
arranged in sets of two parallel tracks which will be serviced by 
gantry cranes for loading and unloading. The 10 spurs rejoin at the 
south-end to service a single spur which runs along the wharf structure 
to a ``dead end.'' In the center of the yard is a 70-foot wide crossing 
aisle that divides each spur. On each side of the aisle, APL plans to 
load and unload three to five stack cars on each of the 10 tracks. The 
10 tracks will each be about 2,800 feet in length, and the yard will be 
approximately 3,700 feet in length by 500 feet in width. APL intends to 
load or unload trains on all 10 spurs simultaneously. To protect its 
workmen, APL plans to install blue lights and derailers 5 feet beyond 
the edge on both sides of the aisle. The 5-foot area between the edge 
of the aisle and the derailer and blue light signal will be a surface 
that will immediately [[Page 12819]] dampen the progress of any car 
that is derailed, so that the car will stop moving before the face of 
the coupler reaches the aisle. The blue light, derail and red light 
will all be remotely and automatically controlled from a tower that is 
within 1,500 feet of the aisle and will have a continuous uninterrupted 
view of the yard. There will also be a blue light signal and derail 
across the aisle, 80 feet from the other blue light and derail, in 
essence providing dual protection for the workmen.
    The facility will load and unload ships and intermodal unit trains. 
In a typical operation, a loaded train will enter the yard from the 
north, pulling enough cars to fill the first track. The speed limit in 
the yard will be 5 mph. The locomotive will pull these cars onto the 
first track, where a cut will be made just before the aisle, and those 
cars to be unloaded on the north side of the aisle will be set out. The 
locomotive will then pull the rest of the cars onto the track south of 
the aisle where they will be set out. The locomotive will then exit the 
first track, proceed north on the run-around track to the north of the 
yard and pick-up another cut of cars to fill the second track. This 
will continue until the incoming train is spotted or all 10 tracks are 
filled. Excess cars can be spotted in a storage yard northeast of and 
adjacent to the main yard. During the process, once each cut of cars is 
set out on the appropriate track, the blue lights and derails will be 
set.
    At that point, from one to four gantry type cranes may be used to 
unload the railroad cars on any given spur. Tractors will move the 
trailers or containers either to a storage area, or directly to ships 
that are berthed at the facility. These tractors will use the aisle as 
the means of access to and from the yard with both chassis and 
containers. A similar process will be followed when loading unit trains 
from a ship or the container storage yard.
    APL requests waiver of the 150 foot requirement for the blue lights 
and derail devices to be used in the center aisle in the yard. Each 
group of workmen will be protected by blue light signals 80 feet apart 
across the aisle. Each group of workmen will also be protected by two 
derail devices. The first will be within 5 feet of the coupling face, 
and the other will be 80 feet from the first derail device, across the 
aisle. Workmen will not begin working to load or unload the cars on any 
given spur until the cars have come to a complete stop and are 
protected as set out in this waiver request. They will be protected by 
two blue light signals and by two derail devices.
    APL states that it ``is working with the Port in the process of 
designing the yard. One important facet of this design is that workmen 
be able to work in close proximity to the aisle to increase efficiency. 
As indicated in the Notice of Proposed Rulemaking, when certain 
criteria are present, a railroad may safely use different approaches to 
afford blue signal protection.'' APL states they will meet those 
criteria. ``First, slow speeds are involved since there is a 5 mph 
speed limit in the yard. Next, control over the movement of the 
equipment will be placed in the hands of individuals directly 
responsible for the people who need to be protected. In the Final Rule, 
FRA expressed its goal of assuring workers' safety.'' APL states that 
``the combination of very low speed, a movement dampening surface, and 
derails in close proximity to cars that are standing still will limit 
travel to not more than 5 feet after derailment which is well within 
FRA's goal to: assure that rolling equipment will not travel more than 
50 feet after derailment.''
    APL states that ``the waiver sought by APL will allow construction 
of a modern and efficient rail yard as part of an intermodal facility 
at the Port of Los Angeles. By operating with a reduced distance for 
blue lights and derail devices, APL will be able to fit the yard to the 
property available. This project will substantially increase the amount 
of rail business at the Port and in the region. Shorter train movements 
in the yard will also reduce air emissions in the Port, thereby 
reducing harm to the environment.''

    Issued in Washington, DC on February 23, 1995.
Phil Olekszyk,
Acting Deputy Associate Administrator for Safety Compliance and Program 
Implementation.
[FR Doc. 95-5689 Filed 3-7-95; 8:45 am]
BILLING CODE 4910-6-P